Bombay High Court
Jiwatu Kavduji Chintanwar & 1 Anr vs State Of Mah. Irrigation Deptt. ... on 3 July, 2017
Bench: B.P. Dharmadhikari
Judgment wp6149.05
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR.
WRIT PETITION No. 6149 OF 2005.
1. Jiwatu Kavduji Chintanwar,
Age 28 years, Occupation -
Agriculturist, resident of Sawargaon
Post Nerla, Tah. Pauni,
District Bhandara.
2. Ramesh Balaji Botkule,
age 38 years, Occupation -
Agriculturist, resident of Sawargaon,
Post Nerla, Tah. Pauni,
District Bhandara. ....PETITIONERS.
VERSUS
1. State of Maharashtra,
Irrigation Department, Mantralaya
Mumbai - 32, through Government
Pleader, High Court, Nagpur.
2. Block Development Officer,
at Pauni, District Bhandara.
3. Collector at Collectorate,
Bhandara, District Bhandara.
4. Gram Panchayat, Sawargaon,
through its Sarpanch at village
Sawargaon, Tah. Pauni,
District Bhandara.
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5. Secretary, Gram Panchayat, Sawargaon,
Post Nerla, Tah. Pauni,
District Bhandara.
6. Zilla Parishad, Bhandara
through Chief Executive officer, at Zilla
Parishad, Bhandara, District Bhandara. ....RESPONDENTS
.
-----------------------------------
Ms. R. Kalia, Advocate for Petitioners.
Mr. C.A. Lokhande, Asstt. Govt. Pleader for Respondent Nos.1 to 3.
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CORAM : B.P. DHARMADHIKARI
AND ROHIT B. DEO, JJ.
DATED : JULY 03, 2017.
ORAL JUDGMENT. (Per B.P. Dharmadhikari, J)
Ms. R. Kalia, learned Counsel present in court informs that earlier
she was appearing for petitioners. However, after her appointment as
Assistant Government Pleader, she has to instruct the petitioners to engage
other Advocate. She is seeking time for said purpose.
2. Learned A.G.P. has appeared for respondent nos.1 and 3. None
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appears for other respondents.
3. Grievance in petition is about implementation of Yeshwant Gram
Vikas Samrudhi Yojna at village Sawargaon.
4. Petitioners claim that village Sawargaon has to be rehabilitated
and therefore, the scheme should be carried out at the new place where the
village is to come up.
5. This Court has granted interim relief on 23.02.2006 and has been
confirmed later on. With the result, the work of the scheme cannot be
implemented in Sawargaon village at its old place.
6. Perusal of reply affidavit filed by respondent no.3 Collector shows
that village Sawargaon is situated in flood like area and therefore, its
rehabilitation is to be done at Village Palora. The exercise was to be
completed by June 2006. Affidavit points out that award was already
passed in land acquisition case and compensation was also paid to 262 land
owners.
7. Other necessary details are also given in this affidavit. Affidavit
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also points out that Yashwant Gram Vikas Samrudhi Yojna is to be
implemented by the Zilla Parishad.
8. Respondent no.4 Gram Panchayat and respondent no.5 Secretary
have also filed similar affidavit.
9. Respondent no.6 Zilla Parishad in its affidavit attempts to
demonstrate that rehabilitation of work would take some time and
therefore, it was necessary to construct internal roads for benefit of villagers
at Sawargaon, which was hit by flood.
10. Period of about 11 years have elapsed thereafter. Interim order is
permitted to continue during the entire period.
11. In this situation, it is apparent that the work of above mentioned
scheme needs to be started at a place where residents of village Sawargaon
would be benefited. If the village is already rehabilitated and there is no
need to implement the said scheme, the scheme sould not be implemented.
12. After 12 years and in this jurisdiction, we do not find it necessary
to delve more into this controversy.
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13. We direct respondents to look into all the facts noted supra and
thereafter take appropriate decision about investment of funds in any
development activities. With this direction and keeping all rival contentions
open, we dispose of the present petition. Rule discharged. No costs.
JUDGE JUDGE
Rgd.
